ISLAMABAD: The 12-member Judicial Commission of Pakistan (JCP) by a majority of 7 to 5 picked Justice AminudDin Khan as the head of seven-member constitutional bench in the Supreme Court.
The constitutional bench includes judges from all the four provinces; Justice AminudDin and Justice Ayesha A Malik from Punjab, Justice Muhammad Ali Mazhar and Justice Hassan Azhar Rizvi from Sindh, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan from Balochistan, and Justice Mussarat Hilali from Khyber-Pakhtunkhwa.
The JCP constituted the bench in 7-5 split decision, with a majority of the members voted in favour of the constitutional bench. The sources claimed that CJP Afridi, senior-most judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar and opposition PTI members Omar Ayub and Shibli Faraz opposed the decision.
The first meeting of the reconstituted Judicial Commission marks a procedural step in advancing the functions of the Commission under the framework provided by the 26th Constitutional Amendment.
Chief Justice of Pakistan Yahya Afridi chaired the meeting, which was attended by senior puisne judge Justice Mansoor, Justice Munib, Justice AminudDin, Senator Farooq H Naek, Senator Shibli Faraz, MNA Sheikh Aftab Ahmad, MNA Omar Ayub, Roshan Khursheed Bharucha, Federal Law Minister Azam Nazeer Tarar, Attorney General for Pakistan Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.
Justice Amin is the fourth senior most judge in the apex court. According to the constitutional amendment, if the bench chief is already a member of the commission, he will become the second senior judge member.
Justice AminudDin Khan also became a member of the Supreme Court Practice and Procedure Committee. Under the Practice and Procedure Amendment Act, the head of the constitutional bench shall become the third member of the committee. Justice Mandokhel also became 13th member of the Judicial Commission.
On October 21, 2024, President Asif Ali Zardari ratified the 26th Constitutional Amendment on the advice of Prime Minister Shehbaz Sharif after crucial amendments were passed by two-thirds members of the Parliament.
Amendments were made in various provisions of the constitution. The freshly-amended Article 175-A states that a 13-member judicial commission, comprising the chief justice, three most senior judges of the Supreme Court, most senior judge of the constitutional benches, law minister, attorney general for Pakistan, a nominee from the Pakistan Bar Council, two members each from the National Assembly and the Senate, and a woman or non-Muslim from outside parliament will work for the appointment of the judge in the Supreme Court, High Courts and the Federal Shariat Court.
According to the press release, issued by Secretary JCP, at the outset Omar Ayub objected to quorum of the Commission highlighting the absence of one member. The objection was later put to a vote and by majority the meeting affirmed that the proceedings are in consonance with the Constitution and can continue in the absence of one member.
The Commission also discussed the establishment of a dedicated Secretariat to support and perform its functions and, after thorough consideration; the Commission authorised the chairman to proceed with its rule making and establishment.
The Commission also considered the formation of a constitutional bench within the Supreme Court to consider constitutional matter/ cases. The chief justice expressed the views of the judges regarding the constitutional bench under Article 175(A) of the constitution and suggested certain duration of the bench.
Copyright Business Recorder, 2024
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